I have always looked upon my experiences here in Ecuador as nothing short of an adventure.....a "re-conquest". You will find that this Blog not only offers information on how to live, invest or simply visit Ecuador (rated the number one retirement heaven by International Living magazine for 2011) but also informative information and articles on how to survive in this fast changing and volatile World we live in. Your comments are welcome!
colonialquito@yahoo.com

El Conquistqdor Francisco de Orellana

The Conquistador who put the Amazaon baisn "on the map"....Francisco Orellana

Tuesday, December 18, 2012

From the Grinch: Actually, The Newest Version Of NDAA Makes It EASIER To Detain Americans INDEFINATELY

At first glance it looked like the 2013 version National Defense Authorization Act
(NDAA) did more to protect Americans against indefinite detention. We
and several other news organizations reported as much yesterday.
But on closer examination the new NDAA actually makes it EASIER to detain citizens indefinitely.
Here's the added clause in question:

“Nothing in the AUMF or the 2012 NDAA
shall be construed to deny the availability of the writ of habeas corpus
or to deny any Constitutional rightsin a court ordained or established by or under Article III of the Constitution for any person who is lawfully in the United States when detained pursuant to the AUMF and who is otherwise entitled to the availability of such writ or such rights.”

Yesterday we focused on the line "nothing ... shall be construed to deny ... any constitutional Rights ..."
But today we offer another interpretation from Bruce Afran, a lawyer
for the group of journalists and activists suing the government over the
2012 NDAA.

Afran explained that the new provision gives U.S. citizens a right to
go to civilian (i.e. Article III) court based on "any [applicable]
constitutional rights," but since there are are no rules in place to
exercise this right, detained U.S. citizens currently have no
way to gain access to lawyers, family or the court itself once they are
detained within the military.

"The biggest thing about the [2012] NDAA was that you weren't getting a trial ... Nothing in here says that you'll make it to an Article III court so it literally does nothing," Dan Johnson, founder of People Against the NDAA, told BI. "It's a bunch of words, basically,"Afran noted that the newest version actually goes further than the NDAA that's now in effect.
"The new statute actually states that persons lawfully in the U.S.
can be detained under the Authorization for the Use of Military Force
[AUMF]. The original (the statute we are fighting in court) never went
that far," Afran said. "Therefore, under the guise of supposedly
adding protection to Americans, the new statute actually expands the
AUMF to civilians in the U.S."

The suit against the government challenges the indefinite detention provisions
of section 1021 of the 2012 NDAA—which allow the military to
indefinitely detain anyone who commits a "belligerent act" or provides
"substantial support" to the Taliban, al-Qaeda or "associated forces"—on
the grounds that certain terms were unconstitutionally vague and could
chill free speech.

The provisions were permanently blocked by Judge Katherine Forrest but went back into effect after Appeals Court Judge Raymond Lohier reinstated
them in October because he agreed with the government that section 1021
was simply a "reaffirmation" of the AUMF, which gives the president the
authority to indefinitely detain anyone involved in carrying out the
9/11 terrorist attacks.

The newest version of the NDAA seems to be equating the AUMF and section 1021 of the 2012 NDAA—which the government has argued all along—and thereby codifies precisely what the plaintiffs are fighting in court.

All of this makes the lawsuit—which will probably go all the way to the Supreme Court—central to the issue of the indefinite detention of Americans.The bottom line, according to Afran, is that the
NDAA "is still unconstitutional because it allows citizens or persons
in the U.S. to be held in military custody, a position that the Supreme
Court has repeatedly held is unconstitutional."

Popular posts trending on our blog today......

Organo Gold...more than just awesome Coffee and Chocolate....

CLICK ON PHOTO FOR AN OPPORTUNITY TO IMPROVE YOUR HEALTH AND MAKE MONEY.....TO ORDER PLEASE USE ID no.10001317777

Owning a farm in Ecuador

For business, weekend retreat, or survival in times of crisis........click on the photo to learn how.

Cafe Dios no muere

Click on this photo for details on this great expat hangout with local history and charm in the middle of Spanish Colonial Quito. Location: Corner of Flores and Junin in the rear of Monasterio Santa Catalina in San Marcos

Gabriel Garcia Moreno

Click on this photo for the location of Cafe Dios no muere

Vacation Rental - Casa de Carondelet

Click on the photo for this 4 bedroom and 3 bath private residence from $50 to $300 per night. Located in the historic "Bohemian" neighborhood of San Marcos.

Plaza San Marcos with its 17th Century Church

Click on the photo for a map of the neighborhood of San Marcos and the vacation rental Casa de Carondelet

Francisco Luis Hector, barón de Carondelet

Click on Photo to see how we renovated this incredible home in Colonial Quito in honor of the Baron de Carondelet

Due to the fact that my roots are from South Louisiana...we could not help but honor this beautifull home in the name of Baron de Carondelet who was not only a Govenor of Louisiana during the Spanish Colonial period but also the last Governor of the Real Audencia in Quito, Ecaudor.

Carondelet.....Quito and New Orleans

Francisco Luis Hector, barón de Carondelet (born in 1748 of Flemish descent in Noyelles-sur-Mer, Flanders) was named governor of El Salvador in 1789, and was a Knight of Malta. After his term had ended, Spanish authorities named Carondelet governor of the Spanish Colonies of Louisiana and West Florida from 1791 to 1797. He then served as the last Noble Governor of the Spanish Colony Real Audencia in Quito from 1797 to his death in 1807.

Knights of Malta

click on photo for the complete history on the connection between New Orleans and Quito by Baron de Carondelet

On Carondelet in New Orleans, Louisiana

Click on photo for the map of the Spanish Colony in 1797 Governed by Baron de Carondelet

About Me

I have lived in Ecuador since 2001 and have been offering our services to foriegners wanting to not only visit Ecuador...but purchase property for a new life. My Ecuadorian wife and I are busy with three wonderfull children but are also busy with our coffee shop, farm, and statue export business. Furthermore, we have been offering Traditional Roman Catholic Pilgrimages to Ecuador for the past 7 years. There are many historical and artistic aspects of Ecuador that are impressive. But for me...it is the humility of the Ecuadorian people, which is most alluring. We invite you to come to Ecuador and experience the old world culture, faith, and beauty of this very special land !

Ex-pat relocation services

We will share with you our 10 years of experience living in Ecuador as well as introduction to lawyers, off shore bankers (Panama accounts with reps in Ecuador...sorry no US Residents), Ecuadorian bankers with US and European relations, architects, tax accontants, other expat investors in Ecuador, and real estate tours.